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Poster: cine-quest Date: Jun 3, 2010 5:07am
Forum: feature_films Subject: Hercules and the Captive Women (1961) - current PD Status (post-Golan v Gonzalez ruling)

In light of last April's 10th Circuit Court of Appeals ruling in Golan v Gonzalez - is 'Hercules and the Captive Women (1961)' firmly back in the Public Domain?

http://www.archive.org/details/cco__HerculesandtheCaptiveWomen

It (1961 US, english-dubbbed, Woolner Bros. version) has no copyright notice in the film and was widely considered to be PD, but under the GATT/Uruguay agreement it had it's copyright forcibly restored. (Here's the 1997 renewal claim from copyright.gov)

Type of Work: Recorded Document
Document Number: V8004P757
Date of Recordation: 1997-01-21
Entire Copyright Document: V8004P757 (Single page document)
Title: Ercole alla conquista di Atlantide = Hercules and the captive women / Additional title: Hercules erobert Atlantis.
Notes: Motion picture. Filed for all rights.
Notice of intent to enforce a copyright restored under the Uruguay Round Agreements Act.
Owner: TaurusFilm, GmbH & Company (a Kirch Gruppe Company) International Television Trading Corporation; P. O. Box 367; South Egremont, MA 01258; Attn.: Ellen Theg. PHONE: 413-528-9010. FAX: 413-528-9495.
Author: Vittorio Cottafavi, director.
Date of Publication: 1997-12-19

Variant title: Hercules and the captive women.
Hercules erobert Atlantis.

Now with the court ruling in Golan, does anyone know for sure what the status on this film is?
From what I can piece together it should be back in the Public Domain (similar to the 'Metropolis' situation) - but are there any US registrations or renewals that existed prior to 1995 which would affect it's post-Golan PD status?

Any information would be of great assistance-
Thanks

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Poster: adamelijah Date: Jun 3, 2010 4:52pm
Forum: feature_films Subject: Re: Hercules and the Captive Women (1961) - current PD Status (post-Golan v Gonzalez ruling)

As a general rule, nothing's firmly in the public domain when a federal court judge makes a ruling and the case is being appealed. In addition, an appeals court ruling has limited effect, generally within the circuit they rule. For anything to be firmly decided, the Supreme Court will need to step in.

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Poster: billbarstad Date: Jun 3, 2010 6:46pm
Forum: feature_films Subject: Re: Hercules and the Captive Women (1961) - current PD Status (post-Golan v Gonzalez ruling)

Every ruling since the Supreme Court's decision in Eldred v. Ashcroft (2003) has upheld the idea 'that works in the public domain remain in the public domain.' I think cine-quest has good grounds to think Hercules and the Captive Women (1961) is PD, like unrestored copies of Metropolis and The Third Man, which I'm going to upload soon.

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Poster: HektorT Date: Jun 6, 2010 3:09am
Forum: feature_films Subject: Re: Hercules and the Captive Women (1961) - current PD Status (post-Golan v Gonzalez ruling)

To date there hasn't been any ruling that overturns the copyright restoration granted under GATT. None of the challenges have been successful. So if the NIE has been filed the film is protected under copyright law